Baldoni

ORDER *

The district court judgment in this case is vacated. We remand to the district court for reconsideration in light of this court’s recent en banc decision in Abatie v. *725 Alta Health and Life Ins. Co., 458 F.3d 955 (9th Cir.2006).

No costs.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.